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Employment Law
My partner has worked for a particular nursery for 9 months. (10 years experience at other places). I'll give you some history before asking my question/s.
She was hired as a room leader on a part time basis (all the room needed). Our daughter who's 2 also started to attend there.
A few months ago a position of deputy manager came up. Jane (my partner) applied for the position. It was declined to her on the basis that she was only part time. She offered to go full time but was told her room didn't need a full time member of staff.
The new deputy manager was in conversation with Jane one day saying people who have depression and/or anxiety should not be around children. Jane then disagreed with her and mentioned she used to take medication for those problems. Her employer is well aware of this. Since then, the new acting manager (owners daughter) and the newly promoted deputy manager have been funny with her in various ways. On some days, there are two children left in Jane's room, one of then being our daughter. Our daughter is the oldest and will be moving up a room months before the other child. Jane has noticed the manager comes down and takes the other child into another room with other children, leaving Jane with our daughter. Jane doesn't want our daughter to be treated any different than others and asked why its always the other child that gets taken into another room, and Autumn, our daughter left on her own with Jane. The manager said Autumn is hard work. Jane feels her and Autumn get treated different by the manager than other members of staff with kids there.
Shes also comes out with comments that Jane isn't sweeping up fast enough or that shes not managing her room correctly because she asks for help if there's more than two babies crying. When other staff members have asked for help in the same situation, the manager jumps up and helps, agreeing they need help.
Now, Autumn has now moved up a room. Two weeks ago the manager said to Jane that shes also moving room. She'll be demoted and have a pay cut. She said the room Jane was hired for no longer needs a part time member of staff, but a full time member of staff. They know Jane will work full time if needed, but hasn't asked her.
Jane has said she doesn't agree with the demotion and pay decrease but was told she has no choice. A week ago, Jane got a parents news letter explaining a few staff movements will commence in 4 days time, which included Janes. Shes found out through the news letter that its actually going ahead. The day it happened, Jane was given a new contract with reduced pay and role and a new probationary period.
In her original contract there's a term that stated 'CHANGES TO YOUR TERMS OF EMPLOYMENT: The company reserve the right to make reasonable changes to any of your terms of employment. You will be notified in writing of any change as soon as possible and in any event within one month of the change.
Now, with whats happened, is this a breach of contract or does that term basically allow them to do as they've done?
Jane has been to the doctors today as she finding the bullying at work upsetting and its made her anxiety worse. Doc has given her tablets again and said she needs to get out the nursery.
Where does Jane stand?
Thanks
Carl
She was hired as a room leader on a part time basis (all the room needed). Our daughter who's 2 also started to attend there.
A few months ago a position of deputy manager came up. Jane (my partner) applied for the position. It was declined to her on the basis that she was only part time. She offered to go full time but was told her room didn't need a full time member of staff.
The new deputy manager was in conversation with Jane one day saying people who have depression and/or anxiety should not be around children. Jane then disagreed with her and mentioned she used to take medication for those problems. Her employer is well aware of this. Since then, the new acting manager (owners daughter) and the newly promoted deputy manager have been funny with her in various ways. On some days, there are two children left in Jane's room, one of then being our daughter. Our daughter is the oldest and will be moving up a room months before the other child. Jane has noticed the manager comes down and takes the other child into another room with other children, leaving Jane with our daughter. Jane doesn't want our daughter to be treated any different than others and asked why its always the other child that gets taken into another room, and Autumn, our daughter left on her own with Jane. The manager said Autumn is hard work. Jane feels her and Autumn get treated different by the manager than other members of staff with kids there.
Shes also comes out with comments that Jane isn't sweeping up fast enough or that shes not managing her room correctly because she asks for help if there's more than two babies crying. When other staff members have asked for help in the same situation, the manager jumps up and helps, agreeing they need help.
Now, Autumn has now moved up a room. Two weeks ago the manager said to Jane that shes also moving room. She'll be demoted and have a pay cut. She said the room Jane was hired for no longer needs a part time member of staff, but a full time member of staff. They know Jane will work full time if needed, but hasn't asked her.
Jane has said she doesn't agree with the demotion and pay decrease but was told she has no choice. A week ago, Jane got a parents news letter explaining a few staff movements will commence in 4 days time, which included Janes. Shes found out through the news letter that its actually going ahead. The day it happened, Jane was given a new contract with reduced pay and role and a new probationary period.
In her original contract there's a term that stated 'CHANGES TO YOUR TERMS OF EMPLOYMENT: The company reserve the right to make reasonable changes to any of your terms of employment. You will be notified in writing of any change as soon as possible and in any event within one month of the change.
Now, with whats happened, is this a breach of contract or does that term basically allow them to do as they've done?
Jane has been to the doctors today as she finding the bullying at work upsetting and its made her anxiety worse. Doc has given her tablets again and said she needs to get out the nursery.
Where does Jane stand?
Thanks
Carl
